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 Federal  Communications  Commission  DA  03-  27 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Tariffs  Implementing  Access  Charge  Reform 
 )  ) 
 )  ) 
 ) 
 CC  Docket  No.  97-  250 


 ORDER 
 Adopted:  January  8,  2003  Released:  January  9,  2003 
 By  the  Chief,  Pricing  Policy  Division: 


 1.  By  this  order,  we  approve  the  Revised  Refund  Plan  of  Pacific  Bell  submitted  by  SBC  Communications  Inc.  (SBC),  for  issuing  refunds  to  its  inter-  exchange  carrier  (IXC)  access 
 customers  for  the  period  from  January  1,  1998,  through  July  1,  1998,  reflecting  adjustments  to  its  non-  primary  residential  line  counts.  1 


 2.  On  June  1,  1998,  the  Commission  released  an  order  concluding  an  investigation  of  the  tariffs  implementing  access  reform  filed  by  the  price  cap  local  exchange  carriers  (LECs).  2 
 After  determining  that  SBC  had  reported  an  unreasonably  low  number  of  non-  primary  residential  lines,  the  Commission  ordered  Pacific  Bell  to  make  refunds  of  any  overcharges  in  multi-  line 
 primary  interexchange  carrier  charges  (PICCs),  non-  primary  residential  PICCs,  or  residual  per-minute  rates  that  resulted  from  the  undercount.  3  The  Commission  directed  that  Pacific  Bell’s 
 refunds  include  interest.  4  The  Commission  delegated  authority  to  the  Common  Carrier  Bureau  5  to  review  and  approve  the  refund  plan  submitted  by  Pacific  Bell.  6  SBC  sought  reconsideration  of 
 this  order,  which  the  Commission  denied  in  relevant  part  on  September  29,  1998.  7  On 
 1  See  Revised  Refund  Plan  of  Pacific  Bell,  filed  by  SBC  Communications  Inc.,  CC  Docket  No.  97-  250  (filed  Nov. 
 20,  1998).  2 
 Tariffs  Implementing  Access  Charge  Reform,  CC  Docket  No.  97-  250,  Memorandum  Opinion  and  Order,  13  FCC  Rcd  14,  683  (1998)  (Access  Reform  Implementation  Order). 


 3  Id.  at  14697,  14699  and  14753,  ¶¶  25,  29-  31,  and  179. 
 4  Id.  at  14752,  ¶  177. 
 5  Pursuant  to  a  Commission  reorganization  in  March  2002,  the  Common  Carrier  Bureau  was  re-  named  the  Wireline 
 Competition  Bureau.  6 
 Access  Reform  Implementation  Order,  13  FCC  Rcd  at  14752  and  14756,  ¶¶  177  and  185.  7 
 Tariffs  Implementing  Access  Charge  Reform,  CC  Docket  No.  97-  250,  Memorandum  Opinion  and  Order  on  Reconsideration,  13  FCC  Rcd  20,  039  (1998).  On  November  17,  1998,  Pacific  Bell  filed  a  petition  for  review  of  this 


 denial,  but  subsequently  withdrew  this  petition.  Pacific  Bell  v.  Federal  Communications  Commission,  No.  98-  1545  (D.  C.  Cir.  Jan.  27,  1999). 
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 Federal  Communications  Commission  DA  03-  27 
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 November  20,  1998,  Pacific  Bell  submitted  a  refund  plan  pursuant  to  the  Access  Reform  Implementation  Order.  8  No  party  has  opposed  the  refund  plan. 
 3.  We  find  that  the  Revised  Refund  Plan  of  Pacific  Bell  satisfies  the  requirements  of  the  Access  Reform  Implementation  Order.  In  its  refund  plan,  Pacific  Bell  stated  that  interest  will 
 be  computed  on  a  daily  compounded  basis  at  the  appropriate  interest  rate  established  by  the  Internal  Revenue  Service,  in  accordance  with  paragraph  177  of  the  Access  Reform 
 Implementation  Order. 
 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  section  204(  a)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  204(  a),  and  through  the  authority 


 delegated  pursuant  to  sections  0.91  and  0.291  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.91  and  0.291,  that  the  refund  plan  filed  by  SBC  on  behalf  of  Pacific  Bell  IS  APPROVED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Tamara  L.  Preiss  Chief 
 Pricing  Policy  Division 


 8  See  note  1,  supra. 
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